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New ruling may drag Bibit, Chandra back to court

Source
Jakarta Globe - June 3, 2010

Nivell Rayda – Corruption Eradication Commission deputy chairmen Bibit Samad Riyanto and Chandra M Hamzah now face the possibility of being suspended after the Jakarta High Court on Thursday annulled the decision of the Attorney General's Office to stop investigating the two antigraft officials.

Judge Muhammad Ritonga upheld the April 20 verdict by the South Jakarta District Court saying that prosecutors must continue its probe on Bibit and Chandra on charges of abuse of power and extortion linked to an illegal procurement case handled by the commission, also known as the KPK.

The high court's decision was based on a lawsuit filed by corruption suspect Anggodo Widjojo, who challenged the AGO's decision to drop all charges against the two even though it had a case because "it would be more morally harmful rather than beneficial to try the two in court."

The AGO's withdrawal of the case last year came amid strong suspicion that elements inside the office and National Police, as well as Anggodo, had fabricated the case to bring down Bibit and Chandra.

"There is no legal ground to justify halting the case. The prosecutors' office should have abolished the case, which would have had a higher legal merit, instead of resorting to SKPP to stop the case," high court spokesman Andi Samsan Ngaro said, referring to the AGO's right to declare a case unworthy of trial because it lacked evidence.

KPK spokesman Johan Budi said a presidential decree would have to be issued for the antigraft officials to be suspended. "In the meantime, Bibit and Chandra are still considered KPK deputies," he said.

Their lawyer, Bambang Widjoyanto, said his team was ready to go to court. "This is an obscure case with even more obscure charges," he told the Jakarta Globe. "The case is full of fabrication."

The pair can no longer appeal Thursday's decision, but the AGO could still abolish the case against them on a much firmer legal ground. "We are confident that the AGO will make another legal move," Johan said.

According to the 2002 Law on the KPK, Bibit and Chandra must be suspended from active duty should they face criminal prosecution. Thursday's ruling would effectively leave the KPK with only two active commissioners. AGO officials could not be reached for comment.

One of the remaining KPK commissioners, Muhammad Jasin, said the body would continue with its duties.

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